2022 (3) TMI 680 - HC - GST

Seeking permission to travel abroad - Section 132 (1) of CGST Act - HELD THAT - Having gone through the facts and circumstances of this matter as well as having gone to the submission made by the learned counsel for the applicant that due to non disposal of the case, the applicant is not able to move abroad and his export business is to suffer losses, this Court deems it to dispose of this application under Section 482 Cr.P.C. finally with a direction to the trial court to decide the said pending application (Crl. Misc. Case No. 324 of 2021) within a period of one month from the date of production of a certified copy of this order. The application stands disposed of finally.

Summary

Issues:
Delay in disposal of application seeking permission to travel abroad under Section 132(1) of CGST - Applicant's export business suffering losses - Relief sought for expeditious disposal of the pending criminal case.

Analysis:
The judgment delivered by Hon'ble Ajit Singh, J., pertains to an application filed by the applicant seeking permission to travel abroad for business purposes related to exporting garments. The applicant had previously applied before the Court seeking permission under Section 132(1) of CGST, which was pending before the District & Sessions Judge, Meerut. The applicant, through the present application under Section 482 Cr.P.C., requested the Court to direct the trial court to expedite the disposal of the pending criminal case, as the delay was causing financial losses to the applicant's export business.

Upon considering the submissions made by the applicant's counsel regarding the adverse impact of the pending case on the applicant's ability to conduct business abroad, the Court acknowledged the urgency of the matter. In light of the circumstances and the potential financial repercussions on the applicant's export business, the Court decided to dispose of the application under Section 482 Cr.P.C. with a specific direction to the trial court. The direction mandated the trial court to decide the pending application (Crl. Misc. Case No. 324 of 2021) within a month from the date of production of a certified copy of the order.

The Court's decision aimed to address the applicant's concerns regarding the delay in the disposal of the application seeking permission to travel abroad. By providing a clear directive to the trial court to expedite the decision-making process within a defined timeline, the judgment sought to mitigate the adverse impact on the applicant's export business. The final disposal of the application under Section 482 Cr.P.C. with the specified direction signified the Court's recognition of the urgency and importance of resolving the pending criminal case promptly to alleviate the financial burden on the applicant's business operations.